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"Take care of what's yours": how to protect your home and what to keep in mind to avoid legal problems - Ambito Financiero
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“Cuidá lo tuyo”: cómo proteger la vivienda y qué tener en cuenta para evitar problemas legales
El Colegio de Escribanos de la Ciudad de Buenos Aires realiza este sábado una jornada gratuita en Recoleta con asesoramiento sobre protección del inmueble y escrituras.
www.ambito.com
April 17, 2026
The College of Notaries of the City of Buenos Aires is holding a free event this Saturday in Recoleta with advice on property protection and deeds.
A couple is moving forward with signing the purchase agreement for their home, in a context where legal protection of the home and notarial advice are key to safeguarding family assets.
The Buenos Aires City Notary Association is launching a new edition of its "Protect What's Yours" campaign with a free legal consultation session this Saturday, April 11, from 10 a.m. to 1 p.m. at its headquarters at Avenida Callao 1540, in the Recoleta neighborhood. This initiative kicks off the institution's 160th anniversary celebrations and aims to provide key legal tools for asset protection.
This initiative, now in its 17th consecutive year, allows residents to access free consultations on a variety of topics, from home protection to real estate transactions, inheritances, and advance healthcare directives. Additionally, residents can complete the process of registering their homes under the home protection program, facilitating access to a key tool for safeguarding their family homes.
The event also includes talks open to the public. At 10:30 a.m., there will be a presentation on the steps involved in buying or selling a property and the role of a notary in the process. At noon, a practical guide will be presented for those considering buying off-plan, focusing on the main precautions to take.
How home protection works
One of the central aspects is the Housing Protection Regime, a concept that replaces the historical "family home" after the Civil and Commercial Code came into effect in 2015. This instrument allows the home to be protected from future debts and prevents the property from being exposed to executions by creditors, with specific exceptions.Notary María Eugenia Girard , from the Buenos Aires Notary Association, explained that the lien serves as a preventative measure. "The protection applies to debts incurred after the registration process, but it does not cover prior obligations, nor taxes, maintenance fees, or mortgage loans linked to the property. Once registered, the property cannot be foreclosed upon by most creditors."
The scheme can be used by any property owner, even in cases of condominium ownership, and protects both the owner and their family. It only allows for the inclusion of one property, which must be the owner's primary residence. It also allows the protection to be transferred to another property without losing seniority, and it remains in effect for the beneficiaries in the event of the owner's death.
Residents are asking questions about property deeds and home protection as part of the "Take Care of What's Yours" event, which is being held this Saturday with free advice from the College of Notaries.
Girard noted that "it is advisable to proceed with this process when the property constitutes the family's main residence or when the owner carries out economic activities with a certain level of risk. In these cases, the designation allows the home to be protected against potential contingencies."
Common mistakes and risks to avoid
One of the most frequent mistakes is postponing the decision. Many property owners only consider protection once a problem has already arisen, but by then the instrument is no longer effective. The regulations only provide protection against debts incurred after registration.Misconceptions persist, such as the assumption that marriage or having children automatically guarantees homeownership protection. Another common error is the perception that the process is complex or expensive, leading to unnecessary delays.
The specific risk is that, in the event of an economic or legal dispute, the property could be subject to seizure or foreclosure. A simple management process can prevent this situation and provide greater legal security.
The role of the notary and credit transactions
In parallel, the day includes advice on deeds and real estate transactions , particularly those related to mortgage loans. In these types of transactions, the notary plays a key role as a guarantor of legality and legal security.Girard explained that "the professional verifies the ownership of the property, analyzes the existence of mortgages , liens or other restrictions, and checks the registry and cadastral status. In addition, they prepare the deed of sale and the establishment of the mortgage."
A couple is analyzing mortgage loan options, in a context where the impact on the housing protection regime appears as a key tool to safeguard the family home.
For the buyer, it is essential to confirm that the property has no outstanding debts or liens, that the seller is the legitimate owner, and that all the documentation is in order. The involvement of a notary provides certainty in a transaction that also involves a financial institution.
A key point is that the buyer has the right to propose the notary who will handle the transaction. The bank must accept this appointment if the professional meets the established requirements. This reinforces the notary's impartiality, as they not only formalize the transaction but also provide guidance and ensure its legality.
In the well, too
The campaign also addresses other common situations, such as buying off-plan. In these cases, it is crucial to verify the developer's background, the legal status of the land, the approval of plans and permits, and the legal structure of the contract. Prior consultation helps reduce risks and avoid conflicts.Beyond buying and selling property, there are several legal tools to organize and protect family assets. Among the most commonly used are:
• Will, which allows the distribution of assets to be organized within the limits established by law.
• Planned donations, which can be used to expedite the transfer of assets.
• Cohabitation agreements or property agreements between spouses.
• Advance health directives, which allow you to express your wishes regarding future medical decisions.
• Life annuity or bare ownership. A person can transfer ownership of their property but retain the right to use and live in it for their entire life, or receive a periodic income in return.
A notary advises a family on home protection and key procedures, in a process that provides legal security and prevents future conflicts
"These are legal instruments that allow you to transform the value of a property into income or financial security without losing the right to use the home, and they require notarial advice to safeguard the rights of the parties. In some cases, decisions are made to anticipate the organization of assets and avoid depending on third parties in the future," Girard commented.
All these tools are regulated in the Civil and Commercial Code of the Nation and allow for anticipating important decisions, reducing family conflicts and providing greater legal certainty.
In a context where estate planning is becoming increasingly important, the dissemination of these tools is crucial. Protecting homes depends not only on regulations but also on each homeowner's decision to use these instruments in a timely manner.
Girard concluded that "the key is to be informed and act preventively, since a timely decision allows you to protect your assets and avoid legal problems in the future."
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